TEST INVESTOR 123 MAIN ST DALLAS, TX 75201 This Sample 2009 Schedule K-1 reflects a holding of 1,000 units from January 1 to December 31, 2009. TEST INVESTOR MAN 31201042119 123-12-1234 / Individual 65-1177591 13T1 13T2 13T3 13T4 13T5 13T6 13T7 17E 17F1 20T1 20T2 20T3 20T4 20T5 Domestic Production Gross Receipts (DPGR) Gross Receipts from All Sources Cost of Goods Sold Allocable to DPGR Cost of Goods Sold from All Sources Deductions, Expenses, and Losses Allocable to DPGR Deductions, Expenses, and Losses Allocable to Non DPGR Activities W-2 Wages Oil, gas, & geothermal deductions Excess Intangible Drilling Costs Total Sustained - Assumed Allowable Depletion Cost Depletion Percentage Depletion in excess of cost depletion Percentage Depletion in excess of basis Net Equivalent BBLs of Production 6,264 6,420 2,448 2,490 1,083 422 0 2,731 697 1,245 1,213 31 12 103 651109 Final K-1 Schedule K-1 (Form 1065) Part III 2009 Department of the Treasury Internal Revenue Service 1 For calendar year 2009, or tax year beginning , 20 Partner’s Share of Income, Deductions, 䊳 See back of form and separate instructions. Credits, etc. Part I Information About the Partnership A Partnership’s employer identification number B Partnership’s name, address, city, state, and ZIP code 65-1177591 IRS Center where partnership filed return D OGDEN X Check if this is a publicly traded partnership (PTP) Part II Ordinary business income (loss) 2 Net rental real estate income (loss) 3 Other net rental income (loss) 4 Guaranteed payments 5 Interest income 6a Ordinary dividends 6b Qualified dividends 7 Royalties 8 Net short-term capital gain (loss) 9a Net long-term capital gain (loss) Information About the Partner E Partner’s identifying number F Partner’s name, address, city, state, and ZIP code 9b Collectibles (28%) gain (loss) 9c Unrecaptured section 1250 gain 10 Net section 1231 gain (loss) 11 Other income (loss) 12 Section 179 deduction 13 Other deductions 123-12-1234 X Domestic partner Individual J Partner’s share of profit, loss, and capital (see instructions): Beginning Ending 0.000000 0.000000 0.000000 Profit Loss Capital L . 0.000778 0.000778 0.000778 % % % . . . . . $ . $ . $ . $ . . $ ( . . $ . . 3,223 STMT 18 Tax-exempt income and nondeductible expenses 19 Distributions J 715 20 STMT A . . . . Withdrawals & distributions Ending capital account . Tax basis . GAAP Other information % T* 1 14 STMT Self-employment earnings (loss) V 255 *See attached statement for additional information. Capital contributed during the year Current year increase (decrease) 2,520 % Partner’s capital account analysis: X D T* Recourse Beginning capital account . 0 15,470 361 2,520 13,311 $ Section 704(b) book Other (explain) M % 12,903 $ Qualified nonrecourse financing . 55 A Partner’s share of liabilities at year end: . Alternative minimum tax (AMT) items A Foreign partner What type of entity is this partner? Nonrecourse 17 Limited partner or other LLC member I K Foreign transactions 93 General partner or LLC member-manager X 16 ) For IRS Use Only H Credits * TEST INVESTOR 123 MAIN ST DALLAS, TX 75201 G 15 2,215 1 LINN ENERGY LLC JPMORGAN CHASE TOWERS 600 TRAVIS SUITE 5100 HOUSTON, TX 77002 C OMB No. 1545-0099 Partner’s Share of Current Year Income, Deductions, Credits, and Other Items , 2009 ending Amended K-1 Did the partner contribute property with a built-in gain or loss? Yes X No If "Yes", attach statement (see instructions) For Paperwork Reduction Act Notice, see Instructions for Form 1065. Cat. No. 11394R Schedule K-1 (Form 1065) 2009 Schedule K-1 (Form 1065) 2009 Page This list identifies the codes used on Schedule K-1 for all partners and provides summarized reporting information for partners who file Form 1040. For detailed reporting and filing information, see the separate Partner’s Instructions for Schedule K-1 and the instructions for your income tax return. 1. Ordinary business income (loss). Determine whether the income (loss) is passive or nonpassive and enter on your return as follows. Report on See the Partner’s Instructions Passive loss Passive income Schedule E, line 28, column (g) Nonpassive loss Schedule E, line 28, column (h) Nonpassive income Schedule E, line 28, column (j) 2. Net rental real estate income (loss) See the Partner’s Instructions 3. Other net rental income (loss) Net income Schedule E, line 28, column (g) Net loss See the Partner’s Instructions 4. Guaranteed payments Schedule E, line 28, column (j) 5. Interest income Form 1040, line 8a 6a. Ordinary dividends Form 1040, line 9a 6b. Qualified dividends Form 1040, line 9b Schedule E, line 4 7. Royalties 8. Net short-term capital gain (loss) Schedule D, line 5, column (f) Schedule D, line 12, column (f) 9a. Net long-term capital gain (loss) 28% Rate Gain Worksheet, line 4 9b. Collectibles (28%) gain (loss) (Schedule D instructions) 9c. Unrecaptured section 1250 gain See the Partner’s Instructions 10. Net section 1231 gain (loss) See the Partner’s Instructions 11. Other income (loss) Code A Other portfolio income (loss) See the Partner’s Instructions B Involuntary conversions See the Partner’s Instructions C Sec. 1256 contracts & straddles Form 6781, line 1 D Mining exploration costs recapture See Pub. 535 E Cancellation of debt Form 1040, line 21 or Form 982 See the Partner’s Instructions F Other income (loss) 12. Section 179 deduction See the Partner’s Instructions 13. Other deductions A Cash contributions (50%) B Cash contributions (30%) C Noncash contributions (50%) See the Partner’s D Noncash contributions (30%) E Capital gain property to a 50% Instructions organization (30%) F Capital gain property (20%) G Contributions (100%) Form 4952, line 1 H Investment interest expense I Deductions—royalty income Schedule E, line 18 J Section 59(e)(2) expenditures See the Partner’s Instructions K Deductions—portfolio (2% floor) Schedule A, line 23 L Deductions—portfolio (other) Schedule A, line 28 M Amounts paid for medical insurance Schedule A, line 1 or Form 1040, line 29 N Educational assistance benefits See the Partner’s Instructions O Dependent care benefits Form 2441, line 14 P Preproductive period expenses See the Partner’s Instructions Q Commercial revitalization deduction See Form 8582 instructions from rental real estate activities See the Partner’s Instructions R Pensions and IRAs S Reforestation expense deduction See the Partner’s Instructions T Domestic production activities See Form 8903 instructions information U Qualified production activities income Form 8903, line 7 V Employer’s Form W-2 wages Form 8903, line 15 See the Partner’s Instructions W Other deductions 14. Self-employment earnings (loss) Note. If you have a section 179 deduction or any partner-level deductions, see the Partner’s Instructions before completing Schedule SE. A Net earnings (loss) from Schedule SE, Section A or B self-employment See the Partner’s Instructions B Gross farming or fishing income C Gross non-farm income See the Partner’s Instructions 15. Credits A Low-income housing credit (section See the Partner’s Instructions 42(j)(5)) from pre-2008 buildings B Low-income housing credit (other) See the Partner’s Instructions from pre-2008 buildings C Low-income housing credit (section 42(j)(5)) from post-2007 buildings Form 8586, line 11 D Low-income housing credit (other) from post-2007 buildings Form 8586, line 11 E Qualified rehabilitation expenditures (rental real estate) See the Partner’s Instructions F Other rental real estate credits G Other rental credits H Undistributed capital gains credit Form 1040, line 70; check box a I Alcohol and cellulosic biofuel fuels Form 6478, line 7 credit J Work opportunity credit Form 5884, line 3 其 其 Code Report on K L 16. Disabled access credit See the Partner’s Instructions Empowerment zone and renewal Form 8844, line 3 community employment credit M Credit for increasing research activities See the Partner’s Instructions N Credit for employer social security Form 8846, line 5 and Medicare taxes O Backup withholding Form 1040, line 61 P Other credits See the Partner’s Instructions Foreign transactions A Name of country or U.S. possession Form 1116, Part I B Gross income from all sources C Gross income sourced at partner level Foreign gross income sourced at partnership level D Passive category Form 1116, Part I E General category F Other Deductions allocated and apportioned at partner level Form 1116, Part I G Interest expense Form 1116, Part I H Other Deductions allocated and apportioned at partnership level to foreign source income I Passive category Form 1116, Part I J General category K Other Other information L Total foreign taxes paid Form 1116, Part II Form 1116, Part II M Total foreign taxes accrued N Reduction in taxes available for credit Form 1116, line 12 O Foreign trading gross receipts Form 8873 P Extraterritorial income exclusion Form 8873 Q Other foreign transactions See the Partner’s Instructions Alternative minimum tax (AMT) items A Post-1986 depreciation adjustment See the Partner’s B Adjusted gain or loss Instructions and C Depletion (other than oil & gas) the Instructions for D Oil, gas, & geothermal—gross income Form 6251 E Oil, gas, & geothermal—deductions F Other AMT items Tax-exempt income and nondeductible expenses A Tax-exempt interest income Form 1040, line 8b B Other tax-exempt income See the Partner’s Instructions C Nondeductible expenses See the Partner’s Instructions Distributions A Cash and marketable securities See the Partner’s Instructions B Distribution subject to section 737 C Other property Other information A Investment income Form 4952, line 4a B Investment expenses Form 4952, line 5 C Fuel tax credit information Form 4136 D Qualified rehabilitation expenditures See the Partner’s Instructions (other than rental real estate) E Basis of energy property See the Partner’s Instructions F Recapture of low-income housing Form 8611, line 8 credit (section 42(j)(5)) G Recapture of low-income housing Form 8611, line 8 credit (other) H Recapture of investment credit See Form 4255 I Recapture of other credits See the Partner’s Instructions J Look-back interest—completed See Form 8697 long-term contracts K Look-back interest—income forecast See Form 8866 method L Dispositions of property with section 179 deductions M Recapture of section 179 deduction N Interest expense for corporate partners O Section 453(l)(3) information P Section 453A(c) information Q Section 1260(b) information See the Partner’s R Interest allocable to production Instructions expenditures S CCF nonqualified withdrawals T Depletion information—oil and gas U Amortization of reforestation costs V Unrelated business taxable income W Precontribution gain (loss) X Section 108(i) information Y Other information 其 其 其 17. 18. 19. 20. 其 其 其 2 1 of 1 TEST INVESTOR MAN 31201042119 123-12-1234 / Individual 65-1177591 AC BUY 1/17/2009 BROKER-MAN 1,000.0000 1,000.0000 TEST INVESTOR MAN31201042119 123-12-1234 / Individual 65-1177591 AR CA CO IL IN KS KY LA MS MT ND NM OK PA VA WV 0 179 0 9 0 26 0 26 0 1 0 3 33 0 0 0 0 6 0 0 0 1 0 2 0 0 0 0 123 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 503 0 26 0 75 0 74 0 3 1 9 0 0 0 0 0 54 0 2 0 8 0 10 0 0 0 1 71 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 14 0 0 0 0 96 0 5 0 14 0 13 0 1 0 2 534 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 To: The Partners of Linn Energy, LLC (Linn) Selected K-1 Line Items Description Your share of the 2009 partnership income and deductions are reflected on the enclosed Linn Schedule K-1. You do not have to attach a copy of the Schedule K-1 to your income tax return, although it should be retained as part of your permanent tax records. Below is a description of selected K-1 line items that may appear on your 2009 Linn Schedule K-1. Please consult your tax advisor to determine how these and other items on your Schedule K-1 effect your 2009 Tax Return. Selected K-1 Part III Line Items: Box 1: Net Ordinary Business Income (Loss) This amount on Box 1 represents your share of the partnership net ordinary income (loss) for 2009. Box 5: Interest Income The amount shown on Box should be reported as interest income on Schedule B, Part I, line 1 of Form 1040. Box 13J & State Schedule Column 9: Other Deductions - IRC Section 59(e)(2) This amount represents qualified intangible drilling cost (IDC) incurred by Linns oil and gas operations to which an election under Internal Revenue Code (IRC) Section 59(e) may apply. This amount has not been deducted from the amount in Box 1. Generally, IRC Section 59(e) allows each partner to elect to deduct IDC from oil and gas properties rather than deduct the amount in the current year. Such election may be beneficial to you in reducing the amount of AMT or for other tax planning purposes since if you make this election, this item will not be treated as an adjustment or tax preference item for purpose of the alternative minimum tax. Please consult your personal tax advisor. Because each partner decides whether to make the election under IRC section 59(e), Linn cannot provide you with the amount of the tax preference related to IDC. You must decide both how to claim the expenses on your return and compute the resulting tax preference item. Box 17 D, E, and F and Box 20T provide the information necessary for you to compute your tax preference for IDC. Box 13T: Domestic Production Activities Information Effective for tax years beginning after 2004, IRC section 199 was enacted to provide an additional deduction for qualifying domestic production activities. The amounts shown on Box 13T represent your distributive share of Linns Box 1 items necessary to calculate the Domestic Production Activities Deduction under IRC section 199. Your allowable IDC (see Box 13J) and depletion (see Depletion below) deduction should be treated as an increase to your amount of total deductions, expenses and losses directly allocable to DPGR. Box 17A-17F: Alternative Minimum Tax Items Certain partners may be required to complete Form 6251, Alternative Minimum Tax-Individuals. If a partner is required to use Form 6251, the amounts shown on Box 17 of Schedule K-1 should be used to evaluate the appropriate amounts to enter on Form 6251. The amount shown in Box 17A, which may be either positive or negative, should be reported as an adjustment for depreciation on assets placed in service after 1986 on Form 6251, line 19. The amount shown in Box 17B, which may be either positive or negative, should be reported as an adjustment for gain/loss on the sale of assets on Form 6251, Line 18. The amount shown in Box 17D, 17E, and 17F should be used to help determine whether any IDC needs to be reported as a preference item on Form 6251, line 27 in the calculation of AMT. Before beginning the calculation, see Box 13J instructions above. If you elect to capitalize the entire amount of IDC under IRC section 59(e), you will not have any preference IDC. Consult your personal tax advisor. Generally, IDCs from oil, gas, and geothermal properties are an AMT tax preference to the extent excess IDCs exceed 65% of the net income from the properties. Box 17F provides the amount of excess IDCs. Net income from the properties is determined from gross income (Box 17D) less oil & gas deductions (Box 17E), less depletion (Box 20T), less any amortization of capitalized IDC. Please consult your tax advisor. Box 20A: Investment Income This amount represents a partners share of investment income. This includes amounts reported on Boxes 5 - 11. In general, Boxes 1 - 3 would not be included. Investment Income reported on the 2009 Schedule K-1 & State Schedule does not include net capital gains from the sale of an interest which are computed by the unitholder on the 2009 Sales Schedule. Box 20T and State Schedule Columns 10 and 11: Depletion Related Items Linn has computed your allocated share of statutory (percentage) depletion and cost depletion from Linns oil and gas activities. You are entitled to take as a deduction the greater of percentage depletion or cost depletion (the greater amount is shown as sustained depletion in Box 20T). However, the deduction for percentage depletion might be limited depending on taxable income or production volume limits (See 20T5 below). Generally, the percentage depletion deduction is limited to 65% of the amount of your taxable income before the depletion deduction and without regard to any net operating loss carryback or capital loss carryback. Any portion of percentage depletion deduction disallowed under the 65% limit may be carried over. Additionally, your ability to take the deduction in the current year may be restricted if you have a net passive activity loss from Linn for the year. Please note that independent producers and royalty owners are the only taxpayers eligible for percentage depletion. An independent producer is generally anyone other than a retailer or refiner. Please consult your tax advisor for help in determining your allowable deduction. Box 20T1: Total Sustained Depletion This amount represents the maximum allowable depletion deduction before consideration of the limitations noted above. This amount is the sum of Box 20T2 & 20T3 on the Schedule K-1 (column 10 and 11 on the State Schedule reflect the respective state amounts). Please note that this amount is not included in Box 1 described above. Box 20T2 & State Schedule Column 11: Cost Depletion This amount represents the allowable cost depletion. Box 20T3 & State Schedule Column 10: Percentage Depletion in Excess of Cost Depletion This amount represents the percentage depletion above and beyond the allowable cost depletion. The sum of this amount plus Box 20T2 equals the total sustained depletion deduction from Linn reported in Box 20T1. Box 20T5: Net Equivalent Barrels This item reflects your annual portion of net equivalent oil and gas barrels produced in computing your percentage depletion allowance in Box 20T. Federal tax statutes allow a maximum depletable quantity of 1,000 barrels of oil and gas per day. The depletion allowance shown in Box 20T is computed without regard for the barrel limitation as any limitation will need to be determined by you. Please consult your tax advisor. Box 20V: Unrelated Business Taxable Income (UBTI) Certain tax-exempt organizations, including but not limited to qualified pension, profit-sharing and stock bonus plans and Individual Retirement Accounts, may be subject to Federal income tax with respect to unrelated business taxable income. A portion of these organizations allocable share of Linns income is unrelated business taxable income since it is attributable to debt-financed property and oil and gas working interests. Unrelated business taxable income reported in Box 20V has included deductions for IDC (Box 13J) and allowable depletion (Box 20T1). However, the deductions for those amounts might be limited or treated differently depending on unitholders election or tax status. Please consult your tax advisor. 07PWH053899 E Different states have different filing requirements for resident and non-resident partners. To be in compliance with the state laws, the partnership reports your K-1 information to the states in which it operates. Be sure to check with your tax advisor to discuss the state income tax filing requirements. How are distributions treated for tax reporting purposes? Why is the amount of the cash distributions I received different from the amount of taxable income I have to report on my income tax return? LINN Energy distributes a portion of its available cash flow to partners as determined by the Company and its governing documents. This distribution is not reported as income on the partners Schedule K-1 and is generally 100% return of capital. The amount reported on Schedule K-1 is the partners allocated share of income of the partnership and typically is reduced by certain deductions allowed by the Tax Code (on Schedule K-1 reported income is generally located in Boxes 1 through 11 and deductions are generally reported in Boxes 13 and 20). If I sell my units, how is my tax basis determined for computing gain or loss? 2009 GRAPHIC GUIDE Distributions are generally 100% return of capital and decrease your tax basis in the partnership. At year end, your basis is increased by your share of the partnerships taxable income allocated to you on your Schedule K-1 or, conversely, is reduced by your share of the partnerships loss allocated to you on your Schedule K-1. IF YOU HAVE A PASSIVE LOSS ON YOUR SCHEDULE K-1, THIS GRAPHIC GUIDE MAY NOT APPLY TO YOU. PLEASE CONSULT YOUR PERSONAL TAX ADVISOR. If I invest in LINN Energy, in what states will I have to file returns? B D Prior to mailing the Schedule K-1 to unitholders, LINN Energy must obtain information regarding partnership units bought or sold during the year from the brokerage firms or transfer agents in order to prepare the Schedule K-1. Much of this information, in accordance with applicable law, is not provided to partnerships until late January. Following a review and transfer of this information, the final books of the partnership must also be closed and other information (for example, reserves) must be calculated, reviewed, and processed resulting in printing and mailing usually within the month of March. F G The required distribution date for Schedule K-1 is different than that for Form 1099. Federal law requires partnerships to provide Schedule K-1 to partners by April 15 (or extended due date of September 15). However, LINN Energy strives to provide its Schedule K-1 as early as possible. The 2008 Schedule K-1s were made available to unitholders on March 20, 2009. A T Why dont I receive my Schedule K-1 by January 31, which is the same date required for the Forms 1099? J C You may access your K-1 on the LINN Energy website (www.LINNenergy.com) within the Tax Information section located under the Investor Relations tab. Any questions related to your Schedule K-1 should be directed to the Schedule K-1 LINN Energy Help Line at (800) 203-5179. B E How do I access my Schedule K-1 online or get additional information concerning my Schedule K-1? H Form 1099 is used to report taxable payments such as royalty and interest income. LINN Energy does issue Form 1099 for those individuals that own an interest in a LINN asset and receive payments from LINN for production on that asset. A D Since LINN Energy is classified as a partnership for tax purposes, a unitholder is considered a partner and receives a Schedule K-1 to report its share of LINN Energys income, gain, loss, deduction and credit. The Schedule K-1 also includes other informational items such as distributions. B Why do I receive a Schedule K-1 and not a Form 1099? A LINN Energy is a publicly traded limited liability company and classified as a partnership for federal income tax purposes. With partnership tax status, LINN Energy is not a taxable entity at the company level but is required to pass through income, gain, loss, deduction and credit to its unitholders (partners) to report in their respective income tax returns. A Schedule K-1 is the IRS form that LINN Energy is required to use to report such pass through items to each unitholder. NOTE: If you have a passive loss on your schedule K-1, this graphic guide may not apply to you. Please consult your personal tax advisor. What is a Schedule K-1? Subject to special rules and exceptions (see selected K-1 line items descriptions), we have included this general Graphic Guide to assist you in preparing your federal income tax return. The federal amounts reported on your 2009 Schedule K-1 are represented by letters. You can generally follow the arrows for each letter to locate the line on the appropriate federal form in which to report your federal amounts. For example, the letter A represents the amount of ordinary business income (loss) from Box 1, which should be reported on page 2, column (g) of Schedule E, Supplemental Income and Loss. FREQUENTLY ASKED QUESTIONS AND ANSWERS Your tax basis is the original amount paid for the partnership units. The basis is increased by the cumulative income and gains and is reduced by cash distributions, as well as cumulative amounts of loss, deduction and credits reported on Schedule K-1. F 23-2787918 A sale of partnership units is treated as if there was a sale of the partners allocated share of the partnerships assets. Intangible drilling costs, depreciation or depletion which have been previously taken as ordinary deductions with respect to disposed units are required to be potentially recaptured as ordinary income rather than capital gain. If you dispose units during the taxable year, we will provide you a sales schedule in your tax package. H If I sell my partnership units at a gain, why is part of the gain treated as ordinary income rather than capital gain? P The sales schedule includes an ordinary gain column which represents the amount of ordinary income on your sale of units (or §751 gain) and that, for the most part, is your disposed units allocated share of intangible drilling costs, depreciation and depletion deductions. UBTI varies for each unitholder. In most cases, the amounts of UBTI generated from LINN Energy are insignificant as result of the deductions derived from the IDCs, depreciation, and depletion. It is always best to consult your tax advisor prior to investing in any company to determine the appropriate account in which to place that investment. From Linn Energy, LLC, 65-1177591 What are the UBTI amounts that are generated? AmeriGas Partners, L.P. UBTI (unrelated business taxable income) is the taxable income that a tax-exempt organization/entity earns from business activities unrelated to its tax-exempt purposes. A retirement plan account, such as IRA or 401(k), is a tax-exempt account and can earn up to $1,000 UBTI tax free. A G C What is UBTI?
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